The Town of Guilderland (the “town”), the Zoning Board of Appeals of the Town of Guilderland (“Zoning Board”), The Planning Board of the Town of Guilderland (the “Planning Board”), Rapp Road Development, LLC (RRD), Pyramid Management Group, LLC (“Pyramid”), and Crossgates Releaseco, LLC (“Releaseco”) appealed a trial court judgement in favor of the petitioners, a … Continued

Introduction and Legal Background Oregon has, since 1909, been increasingly influenced by the Prior Appropriation Doctrine.1 Under this doctrine property owners who are the first to put water to beneficial use obtain thereby water rights.2 Since 1909 water right holders have had to put their rights to some form of “beneficial use” without halt for longer than … Continued

Facts On December 5th, 2019, Respondent City of White Plains Urban Renewal Agency (“agency”) adopted a resolution approving the condemnation of certain real property in a designated urban renewal area.1 The agency identified urban blight as the cause for exercising the power of eminent domain and issued a negative declaration under the State Environmental Quality Review … Continued

Facts In 2015, the City of Saratoga Springs City Council (“council”) adopted an update to the city of Saratoga Springs’ (“city”) comprehensive plan which revised the future use land map by identifying categories of land use akin to those found in an official zoning map.1 The revisions in turn became proposed amendments to the city’s official … Continued

Facts Petitioners, tenants of an affordable senior housing community and tenants association (“coalition”), commenced this Article 78 proceeding against the following: the City of Rochester (“city”); Plymouth Gardens Inc., and Rochester Management, Inc. (“corporate respondents”); City of Rochester Planning Commission (CPC) and the Rochester Manager of Zoning (“city respondents”). This appeal involves the redevelopment of … Continued

Facts In 1993, real estate company South Grande View Development (SVG) bought over 547 acres of land within the City of Alabaster, Alabama (“city”).1 After its master plan for construction was approved by the city, SVG began building a variety of housing units on the property, in accordance with the current city zoning regulations.2 SVG completed most … Continued

New Jersey v. Wheeler, 475 F. Supp. 3d 308 (S.D.N.Y. 2020) Facts The plaintiffs, the States of New Jersey, Connecticut, Delaware, New York, and Massachusetts, brought suit against the Environmental Protection Agency (EPA) for continuing to evade its statutory obligations under the Clean Air Act, 42 U.S.C. §§ 7401-7671q (CAA). The current action arises out of New … Continued

We are pleased in this issue to feature the first- and second-place winners of the 2021 Professor William R. Ginsberg Memorial Essay Contest. In this 34th holding of the annual competition, two essays tied for first place, two essays tied for second place, and two essays tied for third place. The contest is open to … Continued

This Outside the EPA Update covers U.S. Environmental Protection Agency (EPA) activities from approximately September 1, 2021, through February 15, 2022. The article doesn’t cover every single action taken by EPA during this time but attempts to summarize the highlights with a focus on EPA activities affecting New York. The Outside the EPA Update should … Continued

With the increasing frequency of intense rainstorms, there is a growing awareness among the general public of the need to manage stormwater during rainstorm events. In New York City, however, efforts by the New York State Department of Environmental Conservation (DEC) and the New York City Department of Environmental Protection (NYC DEP) to manage stormwater … Continued